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Islam and democracy : How far compatible?
By
Shah Abdul Halim*
Fri, 10 Mar
2006
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I shall raise three issues. First of
all, I would discuss democracy. It is useless to debate whether Islam is
democratic, presidential, parliamentarian or monarchic. Some people today are
saying that Islam is against democracy. Islam and democracy are incompatible.
Any form of government is Islamic provided it meets the basic principles
of Islam. We, therefore, see that our earlier Islamic scholars termed king Abdul
Aziz as the fifth rightly guided caliph although he was a king. He is even today
considered a caliph and not a king because of the presence of Shura-
consultative system and human welfare being the objective of his kingship. This
consultation by the head of the state or by the head of the government is
obligatory and not optional. Therefore, Islamic political system cannot be
described undemocratic.
I am of the view that
Bangladesh is essentially an Islamic state by its
constitution. Only thing we require is that we have to constitute a committee in
the Ministry of Law, Justice & Parliamentary Affairs consisting of eminent
Islamic scholars, Ulama, jurists and Fuqaha, Islamic theologians having the
essential ability for expounding Islamic law and being an authority thereon,
just, virtuous, abreast of time, having political and social insight, judicious
and who command and enjoy the trust and confidence of the people. The members of
this committee shall examine and review all drafts acts to be passed by
Parliament (also all Presidential Ordinances) and give its views on such act(s)
to the Government so that parliamentary enactments are not contrary to the
tenets and precepts of Islam. The inclusion of such members in the committee
will ensure that the Government is being judiciously advised at the drafting
stage so that no law repugnant to the Quran and Sunnah comes before the Cabinet
or Parliament for consideration.
Some people in
Bangladesh
are clamoring for Law of Allah- demanding implementation of Law of Allah-
Shariah without explaining or elaborating the idea. Really, we have in
Bangladesh Islamic Law in practice. The Law of Inheritance, the Law of
Endowments, the Marriage Law - all these are by and large Islamic and akin to
Shariah. Allah has given us a lot of freedom to enumerate laws- for example the
municipal law or the traffic law, whether we walk on the left side or the right
side of road etc. etc. As regards Hudud, Capital Punishment- Caliph Omar has
suspended the amputation of hands of the thief and he decreed that this law
couldn't be implemented if people are without food and they steal. Now what will
happen if we expound this law in case of adultery? Can we implement Islamic
Penal Law for adultery as long as we keep the door of obscenity open such as
brothels, bars, obscene movies, obscene printed books and pornography or the
government cannot ensure the marriage at appropriate age? Really what moral
authority we have to demand implementation of Hudud before creating congenial
and healthy social environment? Only recently Tariq Ramadan, distinguished
educator of Philosophy at the University Fribourg,
Switzerland and an eminent Arab Islamic scholar and
grandson of Hasan Al Banna, has given a call for the suspension of Hudud for the
time being till all relevant issues have been examined by the
scholars.
Recently a retired Secretary to the Government has examined all
laws of Bangladesh and viewed that 98 percent of these
laws are Islamic in the sense that these laws contain nothing in conflict with
the Text of the Quran or Sunnah. Prof. Dr. Yusuf Al Qaradawi, Dean of the
Faculty of Shariah, Qatar Islamic University, after examining some laws of
Qatar, an Arab Muslim country, wrote in his book 'Priorities of the Islamic
Movement in the Coming Phase' that he found nothing objectionable in these laws
and many of these laws fall within the purview of amr bil maruf wa nahi al
munkar - realizing interests and removing evils but were not directly linked
with any revealed Text except for one or two of them.
Let us again go
back to the question whether Islamic political system is democratic or not.
Hizbut Tahrir Bangladesh
is demanding Caliphate without elaborating how the Caliph of the Ummah will be
elected or chosen and what shall be the qualification of such Caliph and what
shall be the qualification of those who shall elect or choose the Caliph and
what shall be the tenure of such Caliph. Hizbut Tahrir
Bangladesh also did not explain how to select or
elect Caliph of Bangladeshi Ummah or how the Parliament will be formed or how
laws will be made.
If you look at the Quran, you will find that Queen
(or the ruler) of Sheba was not removed from the throne even
after she became a Muslim although she was a lady. Here comes the question
whether in Islam woman is permitted to become the head of the state or the head
of the government? This point I shall discuss later.
The second thing, I
would discuss is sovereignty. The Muslims largely misunderstand this concept.
In 1969 I visited Lahore in student
exchange program between the two wings of
Pakistan. I met Moulana Mawdudi and discussed
with him the concept of sovereignty. I asked him: In the matters of
interpretation of the Text of the Quran- the Shariah- the Law, who shall
exercise the final authority- who shall have the final say. Is it the
Parliament? Is it the Judiciary- the Supreme Court being the interpreter of
Constitution and Law? Is it the Council of Elders or the people by
referendum?
Moulana Mawdudi did not give any specific or clear-cut reply.
He only said that such issues would be resolved once the Islamic government is
formed. I believe that the issue is not still resolved and the Islamic scholars
and Ulama are even now divided on the issue and it needs to be discussed at the
academic level.
To me the authority that shall have final say in the
interpretation of the Text of the Quran is sovereign.
Only recently, I
visited the website of the Jamaat-e-Islami
Pakistan and
downloaded a 'JI Media News' item dated Lahore
5 July
2002 captioned "Govt. deprives people of
sovereignty". The news item states: "Ameer Jamaat-e-Islami Qazi Hussain Ahmad
said on Friday that the government has deprived people of sovereignty
" Look
even the Jamaat-e-Islami Pakistan
official website-news reports that Ameer of Jamaat-e-Islami
Pakistan
considers that the people of Pakistan are sovereign.
We have to
address the issue of sovereignty afresh and look deep into it.
Finally,
I would discuss the question of the participation of woman as the head of an
Islamic government or head of an Islamic state. Those who object to assigning
political position to women forget that in today's world rulers are parts of an
establishment. Indeed government itself is one of a group of institutions that
share out among itself the power and authority, which used to be exercised by a
single ruler, regardless of the title he assumed. During the earlier days of
Islam, the Kholafa-e-Rashadeen used to combine in them comprehensive and broad
authority, over the whole Muslim world which no ruler is expected to exercise in
foreseeable future, including leading prayers, commanding armies, exercising
absolute Ijtihad in Fiqh, and being the supreme judge. From the point of view of
her competence, a woman may be assigned some of these powers, including the post
of the head of the state, because none of these powers, including that of head
of the state, constitute the overall authority over the community, which assigns
it to a woman. The Hadith (Verily that nation would not prosper which hands over
the reigns of its government to a woman- Bukhari) often quoted against the
participation of woman as head of an Islamic government or head of an Islamic
state is an Ahad Hadith (whose authenticity is not beyond question) and its
meaning is Zanni (that is- it has no one established interpretation) in nature.
In modern state, it is institutions that rule, not individuals. Women,
whatever their number in executive, legislative or judiciary positions are
included in bodies and are subject to a system. Laws are codified, and
discretionary decisions are subject to be reviewed by those who have higher
positions or by the courts. No single man or woman can maintain absolute power
in modern state. A woman has the right to vote, to be a member of parliament, a
minister, a judge, and even an officer in the army. Which jobs may or may not be
convenient should be decided by women themselves- not imposed on them- according
to their own conviction and based on their own interests. But many traditional
Islamic leaders are reluctant to accept this position.
Interestingly the
daily Sangram on 8 February 2006 published a
photograph, which shows Moulana Nizami presiding over the meeting of the JIB
Parliamentary Party at the Jamaat's Central Office at Moghbazar,
Dhaka in
which 2 JIB female Parliamentarians attended in addition to all JIB male
Parliamentarians. Until now, however, female members of JIB Central Shura cannot
directly participate in the Central Shura of JIB along with male members of the
Central Shura, but sit in a separate room (or male and female members are
segregated by using curtain) and participate in the deliberations of the Central
Shura by using microphone. Jamaat's logic behind allowing JIB female
Parliamentarians to sit with JIB male Parliamentarians in the meeting of JIB
Parliamentary Party in the same room and then not
allowing JIB female Shura members to sit with JIB male Shura members in the same
room during the meeting of the Central
Shura is
not understandable.
If JIB female Parliamentarians can sit together with
male JIB Parliamentarians at the meeting of JIB Parliamentary Party at Jamaat's
Central Office to discuss important national issues, on what logic JIB female
Shura members are kept waiting in separate room when the Central Shura
discuss vital issues affecting the destiny of the Muslim Ummah. Are not these
practices contradictory?
It is important to allow female Shura members
to sit with male Shura members in the same room for that can create condition
where female Shura members can make instant query and observation on each issue
that is discussed in the Central Shura and thereby enable female Shura members
participate and contribute effectively in the decision making process. This will
no doubt also make discussion lively. .
To make Muslim society dynamic
and effective, it is important that our women are allowed to play positive and
meaningful role as they used to play in the Madanian society during the time of
the Prophet, peace and blessings be upon him, not isolate them and force them to
live in watertight compartments.
( slightly
shortened )
*(The writer is the Chairman of Islamic Information
Bureau Bangladesh.)
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{Invite (mankind, O Muhammad ) to the Way of your Lord (i.e. Islam) with wisdom (i.e. with the Divine Inspiration and the Qur'an) and fair preaching, and argue with them in a way that is better. Truly, your Lord knows best who has gone astray from His Path, and He is the Best Aware of those who are guided.}
(Holy Quran-16:125)
{And who is better in speech than he who [says: "My Lord is Allah (believes in His Oneness)," and then stands straight (acts upon His Order), and] invites (men) to Allah's (Islamic Monotheism), and does righteous deeds, and says: "I am one of the Muslims."} (Holy Quran-41:33)
The prophet (peace and blessings of Allah be upon him) said: "By Allah, if Allah guides one person by you, it is better for you than the best types of camels." [al-Bukhaaree, Muslim]
The prophet (peace and blessings of Allah be upon him) also said, "Whoever calls to guidance will have a reward similar to the reward of the one who follows him, without the reward of either of them being lessened at all."
[Muslim, Ahmad, Aboo Daawood, an-Nasaa'ee, at-Tirmidhee, Ibn Maajah]
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